GOMATHI ALIAS ANANDHI Vs. PADMA,

JUDGEMENT

(1.) APPEALS against Conviction.

(2.) THE case of the prosecution is that A1 married P.W.1 Gomathi alias Anandhi on 26.1.1986, Palayamkottai. When that marriage was in force, A1 married A2 on 26.1.1986 at Paramakudi at the house of A7. Therefore A1 and A2 were guilty of the offence punishable under Section 494 I.P.C. The other accused 3 to 8 are relatives of the first and second accused who were responsible for performance of the marriage between A1 and A2 and therefore A3 to A8 were charged for offence under Section 494 read with 109 IPC. A3 and A4 are the parents of A1. A5 is the first wife of A3. A6 is the elder sister of A2 . A7 is the husband of A6. A8 is the brother of A1. After the trial, the trial Court acquitted A2 to A8 but convicted A1 for offence under Section 494, against which the appeal in C.A. 820 of 1991 has been filed. Against the acquittal of A2 to A8 , the complainant has preferred appeal in C.A.No.312 of 1988.

(3.) LEARNED counsel for the appellant/ accused also relied upon another decision of the Supreme Court in PRIYA BALA GHOSH VS. SURESH CHANDRA GHOSH : 1971 SCC (Cri) 362 wherein the Supreme Court has held that under Section 17 of the Hindu Marriage Act, a marriage to be valid , homo and Sapatapadi should be performed which are essential ceremonies. It has been held thus: